AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 50

50. Regulations

(1) The Governor, on the recommendation of the Authority, may make regulations for the purposes of this Act.
(2) The Authority shall not make a recommendation to the Governor with respect to the making of regulations for the purposes of this Act until it has consulted with Private Forests Tasmania as to the subject-matter of the proposed regulations.
(3) The regulations may be made subject to such conditions, or be made to apply differently according to such factors, as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.
(4) The regulations may provide that it is an offence, punishable on summary conviction, for a person to contravene or fail to comply with any of the regulations and may provide in respect of any such offence for the imposition of a fine not exceeding 5 penalty units and where the offence is a continuing one, a further fine not exceeding 0·5 penalty units for each day during which the offence continues.
(5) The regulations may authorize any matter or thing to be from time to time determined, applied, or regulated by any person specified in the regulations.

SCHEDULE 1 - Registration of Notices

Section 15

1. Lodgement of notices

      (1) A notice required to be registered under section 15(1) shall be so registered by lodging with the Recorder –

(a) a copy of the notice; and

(b) particulars of the title to the land to which the notice relates.

      (2) Where a notice has been lodged under subclause (1), the Recorder shall record the notice on the folio of the Register constituting the title to the land to which the notice relates.

2. Requirement to bring land under Land Titles Act 1980

      (1) Where the whole or any part of the land referred to in clause 1(1)(b) is not under the Land Titles Act 1980, the Recorder shall bring under that Act so much of the land that is not under that Act by registering a qualified title to it in accordance with section 21 of that Act.

      (2) Where part only of the land referred to in clause 1(1)(b) to which a notice relates is required to be brought under the Land Titles Act 1980 by this clause, the Recorder shall issue a consolidated title to the whole of the land to which the notice relates and for that purpose may call in and cancel in accordance with section 163 of that Act the certificates of title to the parts of the land.

      (3) The Recorder is not bound, for the purposes of subclause (1), to investigate the title to any land.

3. Particulars, &c., to be contained in notice

      (1) A notice required to be registered under section 15(2)

(a) shall contain particulars of the title of the area of land ceasing to be, or to form part of, a private timber reserve by virtue of the notice; and

(b) shall be so registered by lodging with the Recorder a copy of the notice.

      (2) Where a notice has been lodged under subclause (1), the Recorder shall record on the folio of the Register constituting the title to the area of land to which the notice relates that the area of land has ceased to be, or to form part of, the private timber reserve declared by the notice previously registered in respect of that private timber reserve.

4. Exemption from registration fees

No fee is payable in respect of the registration of a notice in accordance with this Schedule.

5. Interpretation

In this Schedule –

Recorder means the Recorder of Titles appointed and holding office under the Land Titles Act 1980;
Register has the same meaning as it has in the Land Titles Act 1980.



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